Kensington Swan's view on aspects of the construction industry

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Following concerns with the use of aluminium composite cladding in Australia, on 5 September the Senate Economics References Committee released its interim report on aluminium composite cladding as part of the broader non-conforming building product inquiry. The report is substantive (100 pages) and the recommendations made are summarized as follows: The Commonwealth Government urgently implement a…

If you’re like me and have a keen interest in current events you would have witnessed the tide of articles published by New Zealand’s main media outlets about stories of millennials picking themselves up by their bootstraps and buying their first homes. Sure for the most part a lot of the stories are from years…

In response to recent earthquakes, the government has responded with legislation aimed at improving New Zealand’s resilience. Hon Dr Nick Smith highlights a key component of the strategy being the development of ‘suitable regulatory requirements for identifying and upgrading those older buildings that are significantly below today’s requirements for seismic resistance’. The Building (Earthquake-prone Buildings)…

The long running Fencegate saga appears to be nearing a conclusion with the Aitchisons (those whose view had been blocked by the structure) being awarded $72,500 in costs. In making this ruling Environment Court Judge Dwyer held that the action of the Walmsleys in erecting the structure and the presence of the structure were offensive…

Sam McCutcheon is a solicitor within the construction law team at Kensington Swan. Sam isn’t just up to speed with construction law but is also quick on the running tracks. Over the weekend, Sam competed in the Ultra Easy Sky Ultra 100km in Wanaka. Sam not only completed the race with an incredible time of…

We have covered Wellington’s high profile fence stoush, dubbed ‘Fencegate’ by the media, in several blogs. In a nutshell, Peter and Sylvia Aitchison’s harbour views were destroyed when their neighbour, David Walmsley, built a fence blocking their view. The Aitchisons sought the assistance of the Environment Court, to demonstrate that the fence should never have…

The media reported yesterday on the bankruptcy of roofer Robert J Thomas, following a leaky homes dispute with Wellington City Council in relation to apartment blocks at 93A Kelburn Parade (find the Stuff article here). Proceedings were issued in the Weathertight Homes Tribunal in September 2008 and judgment against Thomas issued on 17 March, 2011.…

Since our post on the fort that has frustrated a pair of retirees in Roseneath there have been several developments. As we know every story has two sides, and David Walmsley (the owner of the offending fence) has come forward to present his. Mr Walmsley alleges he is merely restoring a fence that was destroyed…